Legal

DARTASTIC HOSTED SERVICES AGREEMENT

Effective: 20 May 2026

Provider: Dartastic.io ("Dartastic", "we", "us").

This Hosted Services Agreement ("HSA") governs the Dartastic Hosted observability service ("Hosted Service") and supplements the Terms of Service. Capitalized terms not defined here have the meaning given in the Terms. For its subject matter, this HSA controls over the Terms.

  1. THE HOSTED SERVICE

The Hosted Service is a single-tenant observability stack provisioned for you on a dedicated, single-tenant cloud box and managed by Dartastic. A box typically bundles a Grafana-based visualization layer (white-labeled), a logs/traces/metrics backend (Loki, Tempo, Mimir), a Symbolizer instance, a per-customer package registry instance, and health monitoring. Box size, vCPU/RAM/storage, data-retention windows, build flavor, and included capabilities vary by tier (Hosted Dev, Hosted Pro, Hosted Enterprise) as described at https://dartastic.io/pricing. Some tiers ship a lighter build flavor that does not include the full Pro native runtime; capabilities are tier-dependent and not guaranteed except as stated for your tier.

  1. PROVISIONING; ACCESS

Upon a confirmed Order, we provision your cluster (typically with TLS, DNS, and default dashboards) on a commercially reasonable timeline. You receive administrative access to your Grafana instance. The underlying host, operating system, and platform components are Dartastic-managed; you must not attempt to access, modify, or relocate the underlying host outside the interfaces we provide.

  1. YOUR DATA; OWNERSHIP; LOCATION

All telemetry, logs, traces, metrics, dashboards, and symbol files you send to or create on your cluster ("Hosted Data") remain yours. We process Hosted Data solely to operate the Hosted Service for you, as described in the Privacy Policy and DPA. Hosted Data resides on your single-tenant cluster. The cluster's region is as selected in your Order or as offered for your tier. You are responsible for the content and lawfulness of Hosted Data and for configuring retention and access appropriately.

  1. DATA RETENTION; EXPORT; DELETION; SUBSCRIPTION LIFECYCLE

Default metric- and trace-retention windows are tier-specific and stated on the pricing page.

On a failed payment or cancellation, your box winds down through staged phases rather than stopping at once. Durations are tier-specific (the figures below are the defaults; Compliance receives the longer windows):

(a) Grace — 7 days (Compliance: 14). The box operates normally; we notify you to update payment. (b) Read-only — 7 days (Compliance: 30), beginning when grace expires or when you cancel. The box stops accepting new telemetry but your existing dashboards and data remain available so you can review and export them. The Dartastic runtime in your own application degrades to a no-op and does not interrupt your application. (c) Suspended — 30 days (Compliance: 90). The box is paused; your data is retained but not accessible. (d) Deletion — after the suspended window, we may delete the box and its data permanently. For Compliance, Hosted Data resides only on your box; deletion of the box is the deletion of the data, and Hosted Data is never migrated off your box.

You may reactivate during the grace, read-only, or suspended phases and the Service resumes without re-provisioning. You are responsible for exporting Hosted Data before deletion. The specific durations applicable to your tier are stated on the pricing page and in your Order; where an Order states a different window, the Order controls.

  1. SECURITY; OPERATIONS

We will use commercially reasonable, industry-standard measures to operate and secure the Hosted Service, including transport encryption and single-tenant isolation. We may perform maintenance, apply security updates, resize, or relocate clusters as needed to operate the Service, with reasonable notice for material disruption. We rely on third-party infrastructure and are not responsible for failures of that infrastructure beyond our reasonable control.

  1. THIRD-PARTY AND OPEN-SOURCE COMPONENTS

The Hosted Service includes open-source components, notably Grafana, Loki, Tempo, and Mimir, which are licensed under AGPLv3. Dartastic's white-label customizations and its compliance posture for these components are described in OPEN-SOURCE-LICENSING.md and THIRD-PARTY-NOTICES.md. "Grafana", "Loki", "Tempo", and "Mimir" are trademarks of their respective owners and are used to indicate the technology in use, not affiliation or endorsement.

  1. SERVICE LEVELS; SUPPORT

Support and target response times are governed by the SLA and your support plan. The exclusive remedy for a missed service commitment is the service credit described in the SLA; service credits are not refunds.

  1. FEES; TERM; TERMINATION

Hosted fees are charged per box as stated in your Order and renew automatically unless cancelled. Pricing is per box — not per user, per seat, or per event — and does not change with your telemetry volume. Hosted is offered as a single box (no failover; suited to development, staging, or cost-sensitive workloads) or, with the optional HA Failover add-on, as an active box plus a warm-standby failover box for production; both are billed per box.

Each tier has an estimated throughput capacity. By default, Dartastic does not automatically add boxes or change your fees when utilization is high; instead, where a box's sustained utilization approaches approximately ninety percent (90%) of capacity, we will notify you and you may choose to upgrade to a larger tier. You may separately opt in to Autoscale for an organization, in which case Dartastic may vertically resize your box upward during sustained high utilization to preserve performance; a resize changes your fee for the next cycle, and we will notify you. Autoscale is off unless you enable it, and you may set a monthly bill cap to bound it.

You may cancel effective at the end of the current term, and the wind-down phases in Section 4 apply. Fees are non-refundable except as stated in the SLA. We may suspend or terminate the Hosted Service for non-payment, breach, or unlawful use, subject to the cure rights in the Terms.

  1. WARRANTIES; LIABILITY; INDEMNITY; DISPUTES

The disclaimers (Section 9), limitation of liability (Section 10), indemnification (Section 11), and dispute-resolution, arbitration, class-waiver, governing-law, and venue provisions (Sections 13–14) of the Terms of Service apply to the Hosted Service and are incorporated here by reference. Wyoming law governs; venue and arbitration are seated in Sheridan County, Wyoming.

Dartastic.io is operated by Mindful Software, LLC, a Wyoming limited liability company — 30 N Gould St, Ste R, Sheridan, WY 82801.

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